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TYLER v. U.S. DEPT. OF EDUC. REHABILITATION SERV.

No. 17-6074.

904 F.3d 1167 (2018)

Noel TYLER, as interim director of the Oklahoma Department of Rehabilitation Services, Plaintiff Counter Defendant-Appellant, v. UNITED STATES DEPARTMENT OF EDUCATION REHABILITATION SERVICES ADMINISTRATION, Defendant-Appellee, and David Altstatt, Sr., Intervenor Defendant Counterclaimant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 26, 2018.

Attorney(s) appearing for the Case

Peter A. Nolan , Winstead PC, Austin, Texas ( Richard Olderbak , Oklahoma Office of Attorney General, Department of Rehabilitation Services, Oklahoma City, Oklahoma, with him on the briefs), for Plaintiff-Appellant.

Kay Sewell , Assistant United States Attorney, Oklahoma City, Oklahoma ( Robert J. Troester , Acting United States Attorney, Chad A. Readler , Acting Assistant Attorney General, Mark B. Stern and Laura E. Myron , Attorneys, Appellate Staff, United States Department of Justice, Washington, D.C., with her on the briefs), for Defendant-Appellee.

Kevin R. Donelson , ( Anh Kim Tran with him on the briefs), Fellers, Snider, Blankenship, Bailey & Tippens, P.C., Oklahoma City, Oklahoma, for Intervenor Defendant Counterclaimant-Appellee.

Before MATHESON, McHUGH, and EID, Circuit Judges.

The Oklahoma Department of Rehabilitation Services ("ODRS") appeals from the district court's affirmance of an arbitration decision rendered under the Randolph-Sheppard Act (the "RSA"), 20 U.S.C. §§ 107 et seq. The statute authorizes designated state agencies such as ODRS to license and assign blind vendors...

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